Terms of Service

Effective Date: June 14, 2026  |  Last Updated: June 14, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Papa Ginos ("Company," "we," "us," or "our"), governing your access to and use of the website located at cafe-papaginos.rest (the "Website"), as well as any related online ordering platforms, mobile features, content, functionality, and services offered by Papa Ginos (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to any promotional communications, or otherwise interacting with our digital or physical services, you affirm that:

• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity to enter into binding agreements under applicable law;
• You have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies incorporated herein by reference;
• You are accessing the Services from within the United States or otherwise agree to comply with all applicable U.S. laws and regulations.

If you are using the Services on behalf of a business entity, organization, or other legal person, you represent and warrant that you have authority to bind such entity to these Terms, and references to "you" shall include such entity.

2. Description of Services

Papa Ginos is a food service establishment operating in the United States. Through our Website and associated platforms, we offer the following services:

• Online Food Ordering: Customers may browse our menu and place orders for pickup or delivery through our Website or third-party partner platforms.
• Menu Information: We provide detailed descriptions, pricing, allergen information, and nutritional data for our food and beverage offerings.
• Promotions and Loyalty Programs: We may offer coupons, discount codes, loyalty reward programs, and special promotional offers accessible through the Website.
• Customer Account Management: Registered users may create and manage personal accounts to track orders, save payment methods, and manage preferences.
• Customer Support: We provide customer service accessible via email, phone, and other communication channels.
• Catering and Group Orders: We may offer catering services and large group ordering options subject to availability and separate catering agreements.
• Informational Content: We publish news, updates, blog posts, and other informational content related to our food offerings, business, and community involvement.

We reserve the right to modify, suspend, discontinue, or expand any aspect of our Services at any time, with or without notice, at our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

Certain services may require registration of a user account. You agree to provide accurate, current, and complete information when creating an account and to update such information as necessary to keep it accurate and current.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of using our Services, you agree to:

• Use the Website and Services only for lawful purposes and in accordance with these Terms;
• Provide truthful, accurate, and complete information in all interactions with us, including when placing orders or creating accounts;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account;
• Accept full responsibility for all activities that occur under your account;
• Comply with all applicable federal, state, and local laws and regulations when using our Services;
• Pay all charges and fees associated with your orders and account in a timely manner;
• Review and comply with our Privacy Policy and any other policies published on our Website.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Fraudulent Conduct: Submitting false, fraudulent, or misleading orders, payment information, or communications; using stolen credit card information or other fraudulent payment methods;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, server, network, or database connected to the Website;
• Data Harvesting: Using bots, scrapers, crawlers, or automated tools to extract data from the Website without our express written permission;
• System Interference: Uploading, transmitting, or distributing viruses, malware, spyware, or any other malicious code that may interfere with the Website or other users' use thereof;
• Reverse Engineering: Attempting to decompile, reverse engineer, disassemble, or otherwise derive the source code of any software underlying the Website or Services;
• Intellectual Property Infringement: Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or Services without our prior express written consent;
• Harassment and Abuse: Using the Website to harass, threaten, intimidate, or harm other users, our employees, or third parties;
• Spam and Unsolicited Communications: Sending unsolicited commercial messages or promotions through any feature of the Website;
• Impersonation: Impersonating any person or entity, including Papa Ginos employees or representatives;
• Circumventing Security: Attempting to bypass, circumvent, or interfere with any security features, authentication measures, or access controls on the Website;
• Reselling Services: Reselling, sublicensing, or commercially exploiting any portion of the Services without our express written authorization;
• Violating Laws: Using the Services in any manner that violates any applicable federal, state, or local law, regulation, rule, or ordinance, including those related to food safety, consumer protection, privacy, or electronic commerce.

We reserve the right to investigate any suspected violations of these prohibitions and to take appropriate legal action, including, without limitation, referring matters to law enforcement authorities, suspending or terminating user accounts, and seeking civil remedies.

4. Intellectual Property Rights

4.1 Ownership

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, audio clips, video clips, photographs, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of Papa Ginos or its licensors and are protected under United States copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Trademarks

The name "Papa Ginos," our logo, and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks, service marks, or registered trademarks of Papa Ginos. You may not use such marks without our prior written consent. All other names, logos, product and service names, designs, and slogans mentioned on the Website are the trademarks of their respective owners.

4.3 Limited License

Subject to your compliance with these Terms, Papa Ginos grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Services solely for your personal, non-commercial use for the purpose of browsing our menu, placing food orders, and otherwise engaging with our Services as intended.

4.4 Restrictions on Use

Except as expressly permitted herein, you may not:

• Reproduce, modify, create derivative works from, distribute, publicly display, or publicly perform any content from the Website;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• Use any content from the Website for commercial purposes without our prior written consent;
• Frame or mirror any portion of the Website without our prior written consent.

4.5 User-Submitted Content

If you submit any content to us, including reviews, comments, feedback, photos, or suggestions ("User Content"), you hereby grant Papa Ginos a worldwide, irrevocable, royalty-free, perpetual, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website or associated ordering platforms, you are making an offer to purchase food and beverage items subject to availability. We reserve the right to accept or decline any order at our sole discretion. Order confirmation does not guarantee fulfillment if items are unavailable or if we suspect fraudulent activity.

5.2 Pricing

All prices displayed on the Website are in U.S. Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes, delivery fees, or service charges, which will be calculated and displayed at checkout. We make reasonable efforts to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel or adjust affected orders.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You will promptly update payment information if it changes.

5.4 Taxes

You are responsible for all applicable federal, state, and local sales taxes, use taxes, and other governmental fees assessed in connection with your purchases. Tax amounts will be calculated based on the applicable tax rates for your delivery or pickup location.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or order adjustments may be considered on a case-by-case basis at our sole discretion in the event of order errors attributable to us, food quality issues, or other circumstances we determine warrant a remedy. Please contact us within 24 hours of receiving your order to report any issues. Refund requests are subject to verification and may be issued as store credit, account credit, or refund to the original payment method at our discretion.

5.6 Delivery

Delivery availability, delivery zones, estimated delivery times, and delivery fees vary by location and are subject to change. We are not liable for delays caused by weather, traffic, or other circumstances beyond our reasonable control. Third-party delivery partners may be used for certain orders, and their terms and conditions may also apply.

6. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAPA GINOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE, INCLUDING NUTRITIONAL INFORMATION, ALLERGEN INFORMATION, OR PRICING;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties will be limited to the minimum extent permitted by applicable law.

We do not warrant that food items will meet any specific dietary, nutritional, or health requirements. Customers with food allergies or dietary restrictions should contact us directly prior to placing an order. While we make reasonable efforts to provide accurate allergen information, cross-contamination may occur in our kitchen environments, and we cannot guarantee that any item is completely free from any allergen.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PAPA GINOS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE WEBSITE;

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PAPA GINOS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, liability will be limited to the fullest extent permitted by applicable state law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Papa Ginos and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use or misuse of the Website or Services;
• Any User Content you submit, post, or transmit through the Website;
• Your violation of any applicable law, regulation, or third-party rights, including intellectual property rights or privacy rights;
• Your fraudulent, intentional, or negligent conduct;
• Any dispute between you and any third party, including other users or delivery partners;
• Any misrepresentation made by you.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of Papa Ginos. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Papa Ginos is principally registered and operating, without regard to its conflict of law provisions.

To the extent that any dispute is not subject to arbitration as set forth in Section 10, you and Papa Ginos consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the applicable jurisdiction of Papa Ginos's principal place of business. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our Services are operated in the United States. We make no representations that the Website or Services are appropriate or available for use outside of the United States. Those who choose to access the Website from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Papa Ginos in writing at [email protected] and provide a description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed with formal dispute resolution as described below.

10.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT AND CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR TO THE USE OF THE SERVICES, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES.

The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

10.3 Class Action Waiver

YOU AND PAPA GINOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

10.4 Jury Trial Waiver

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

10.5 Exceptions

Notwithstanding the foregoing, either party may seek emergency or preliminary injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying merits of the dispute.

11. Term and Termination

11.1 Term

These Terms of Service remain in full force and effect for as long as you access or use our Website or Services, or maintain an account with us, whichever is longer.

11.2 Termination by You

You may terminate your account and cease using our Services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations that arose prior to termination, including payment of outstanding amounts.

11.3 Termination by Papa Ginos

We reserve the right to suspend, restrict, or terminate your access to the Website or Services, with or without notice and without liability, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal conduct;
• Non-payment of amounts owed;
• At our sole discretion for any business reason;
• Upon request by law enforcement or regulatory authority.

11.4 Effect of Termination

Upon termination, your license to access and use the Website and Services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

12. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Papa Ginos. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites or services.

We strongly advise you to review the terms of service and privacy policy of any third-party website or service that you visit through links on our Website. Your use of third-party websites and services is at your own risk and subject to the terms and conditions of those third parties.

If we use third-party delivery partners or payment processors, your use of such services is also governed by their respective terms. We are not liable for the acts, errors, omissions, representations, warranties, or negligence of such third parties.

13. Privacy and Consumer Rights

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information.

To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and we abide by the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive acts and practices in commerce. If you are a California resident, you may have additional rights regarding your personal information, as described in our Privacy Policy.

We are committed to maintaining the security and confidentiality of your personal and payment information and implement reasonable technical, administrative, and physical safeguards for this purpose. However, no data transmission over the internet or electronic storage system can be guaranteed to be completely secure.

14. Food Safety and Allergen Information

Papa Ginos is committed to food safety and complies with all applicable federal, state, and local food safety laws and regulations, including standards set by the U.S. Food and Drug Administration (FDA) and applicable state health authorities.

Allergen and nutritional information provided on our Website is made available for general informational purposes only. While we make reasonable efforts to maintain accuracy, menu items, ingredients, and preparation methods may change, and our kitchen environments are not allergen-free. If you have a food allergy, intolerance, or specific dietary requirement, we strongly encourage you to contact us directly before placing your order at [email protected].

Papa Ginos shall not be liable for any adverse reactions, health consequences, or other damages resulting from consumption of our food products, except to the extent required by applicable law.

15. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. We will notify you of material changes by:

• Posting the updated Terms on our Website at cafe-papaginos.rest with a revised "Last Updated" date;
• Sending a notification to the email address associated with your account, if applicable;
• Displaying a prominent notice on the Website for a reasonable period following the change.

Your continued use of the Website or Services after any modification to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Website and Services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any updates.

Changes to these Terms will not apply retroactively to disputes or circumstances that arose before the effective date of the updated Terms, except as required by applicable law.

16. Severability

If any provision of these Terms of Service is found to be unlawful, void, invalid, or unenforceable under applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be replaced with a valid and enforceable provision that, to the greatest extent possible, achieves the original intent and economic effect of the original provision.

The failure of Papa Ginos to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Papa Ginos.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by Papa Ginos on the Website, constitute the entire agreement between you and Papa Ginos concerning your use of the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

These Terms do not limit any rights that Papa Ginos may have under trade secret, copyright, patent, trademark, or other laws. Our employees are not authorized to make modifications to these Terms, and nothing in any other communication shall be deemed to modify these Terms unless expressly agreed to in a written document signed by an authorized officer of Papa Ginos.

18. Force Majeure

Papa Ginos shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, government restrictions, labor disputes, supply chain disruptions, utility failures, cyberattacks, or other events that could not have been reasonably foreseen or prevented. In such circumstances, our obligations will be suspended for the duration of the force majeure event.

19. Electronic Communications and Notices

By using our Website and Services, you consent to receive electronic communications from Papa Ginos, including notices, agreements, disclosures, and other information. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Notices to Papa Ginos under these Terms must be sent via email to [email protected] with sufficient detail to identify the subject matter. Notices from Papa Ginos to you may be sent to the email address associated with your account or posted on the Website. Notices shall be deemed received upon sending (if sent by email and no bounce-back is received) or upon posting to the Website.

20. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent food safety concerns, please also contact your local health department.